The discharge grantit to James, erll of Mortoun, lord Dalkeyth etc., of the administratioun of his regiment, castell of Edinburgh, munitioun, jowallis and utheris being thairin

Oure soverane lord, with avise of his thrie estaitis of parliament, haiffing considderit and digistlie avisit how that, efter the lang trubles and dangerous civill weir quhairwith this realme wes inquietit, from his hienes birth and coronatioun unto the moneth of November, the yeir of God jM vC lx and twelf yeiris, his hienes umquhile richt traist cousing Johnne, erll of Mar, lord Erskin etc., regent to his majestie, his realme and lieges, being deceissit, his richt traist cousing and counsalour James, erll of Mortoun, lord of Dalkeyth etc., being nominat and electit be the nobilitie of this realme, acceptit upoun him the regiment of the samyn and liegeis thairof; the quhilk electioun and nominatioun, with his acceptatioun of the said charge, being dewlie ratefiit and confermit be oure said soverane lord and his estaitis in the parliament haldin at Edinburgh, the xxvj day of Januar, the yeir of God foirsaid, the said James, erll of Mortoun, lord of Dalkeyth, enterit in the administratioun of the said regiment in ane maist perellous tyme in respect of the said civill weir and the castell of Edinburgh being than stuffit and detenit aganis oure said soverane lord be sic as rebellit aganis his hienes, and ane grite nowmer of the principallis of the nobilitie than standing dissobedient to his majesties auctoritie; quhilk castell being recoverit and the dissobedient subjectis reducit to thair allegeance and the haille estaitis schortlie pacefiit be the prudent and diligent trawell of the said James, erll of Mortoun, with his grit and sumptuis chargis he hes sensyne worthelie usit and exercit the regiment of this realme, fra the acceptatioun of the samyn in his persone to the day of his dimissioun thairof, quhilk wes the [...] day of Marche lastbipast, at the quhilk tyme, oure said soverane lord, the end of the twelf yeir of his aige approching, acceptit the administratioun of his realme and liegeis in his awin persone, the said lait regent haiffing erslie wischit our soverane lordis habilitie for the charge and craving na thing mair ernestlie than to be disburdynnit thairof, with honour and suirtie of our soverane lordis persoun and estait and the publict peax and tranquillitie of this realme and subjectis. Thairfoir our said soverane, with avise of the thrie estaitis, haweand gude prufe of the trew and faithfull service done to his majestie be the said James, erll of Mortoun, alsweill befoir his acceptatioun of the said regiment as sensyne for defence and saulftie of our said soverane lordis persone and auctoritie, cheiflie in the dangerous tymes then occurring, and being myndfull of his said gude and faithfull service, in respect thairof, and that utheris of the nobilitie that salhappin to be employit in his hienes service may serve his majestie and successouris with the gritar affectioun in tyme cuming, haif takin full cognitioun in the caus and thairfoir haif fund and, be the tennour of this present act, findis, declaris and decernis that the said James, erll of Mortoun hes dewlie, lawchtfullie, justlie and diligentlie exercit the said office of regiment and all effairis, causis and charges thairto appertening, and hes trewlie, as accordit in all respectis, administrat the samyn fra the tyme of the acceptatioun thairof to the day of his dimissioun of the samyn, and hes ewer during the same space, in all his procedingis in the gubernament of this realme, keipit ane trew afauld and just part towart oure said soverane lord, his realme and liegeis in all the effairis thairof, without cryme, offence or fault, and ratefiis and apprevis quhatsumevir thingis done be him during his said regiment. And thairfoir our said soverane lord and thrie estaitis of parliament decernis, declaris and ordanis that the said James, erll of Mortoun, his airis and successouris sall not be accusabill for ony maner of cryme of quhatsumevir gritnes or wecht, without exceptioun, that may be alleigit commitit be him in tymes bipast, bot that he, his airis and successouris ar, and salbe in tymes cuming, frelie dischairgit and exonerit of all accusatioun and utherwayis proceding, calling, persewing, mowing of pley or questioun aganis thame for ony caus, cryme or occasioun of crym quhatsumevir that may be imput to thame how so greit that ever the same be; and that this present declaratioun in parliament be ane sufficient exoneratioun and acquittance to the said James, erll of Mortoun etc., his airis, successouris and assyis of all crymes, questionis or defences that can, or may be, criminall or civill, imput to him or thame be our said soverane lord for ony fact or deid done be him, his servandis and ministeris in the said administratioun of regiment during the space and tyme thairof; and this present acquittance and discharge our said soverane lord and thrie estaittis foirsaidis will and grantis to be als valeabill and of als grite strenth, force and effect in all respectis as gif the hiest cryme that can or may be imput to ony persoun wer speciallie expressit thairin, discharging all jugeis and ministeris of the lawes that nane of thame attempt ony thing in the contrair heirof and of thair offices in that pairte. And forder, our said soverane lord and thrie estaittis of parliament hes dischargit, quitclamit and exonerit and, be the tennour of this present act, quitclames, dischargis and exoneris the said James, erll of Mortoun etc., his airis, executouris, assignayis and successouris, his ministeris, factouris and servandis, of all sowmes of money, cunyeit and uncunyeit, all maillis, fermes, proffeitis, rentis and dewteis, bayth of the propertie, patrimonie and casualitie of this realme and dominionis thairof, and of his hienes cunyie and proffeit thairof, the thriddes of benefices with all uther guidis, geir and thingis quhatsumevir, alsweill unnamit as namit, pertening or that onywise micht haif pertenit to our soverane lord sen his intromissioun with the said office of regiment, intrometit with be the said James, erll of Mortoun, his ministeris, factouris and servandis in his name during the said space; and with advise and consent of his saidis estaitis, will and grantis that this, his hienes exoneratioun and discharge, be als valiabill and of als grite strenth force and effect to exoner, quitclame and discharge the said erll of Mortoun, his airis, executouris, assignayis and successouris of ony thing of quhatsumevir valeour, grite or small, that may be askit, requirit or persewit be our said soverane or his successouris aganis the said Erll of Mortoun, his airis, executouris, assignayis or successouris, as pertening to his hienes be ony richt or titill during the said space of the said James, erll of Mortounis, regiment and administratioun, lyke as the samyn had bene speciallie expremit in this present discharge and lyk as the greitest and maist valeable thingis with the quhilkis he may be chargit had bene heirintill expremit. Attour, oure soverane lord, be the avise of the thrie estaitis of parliament, exoneris, quitclames and dischargis the said James, erll of Mortoun of the castell of Edinburgh, munitioun, movabillis, airtailyearie, jowallis and clething being thairin specefiit in the inventar maid thairupoun and be deliverance maid thairof to Alexander, maister of Mar, be his hienes commissioun direct thairupoun, with avise of the lordis of his secreit counsall, and ratefiis and appreves the acquitance and discharge gewin be William, lord Ruthven, thesaurer to our soverane lord, Patrik Lyndsay of the Byris, commissionaris to his hienes in that behalff. And als oure said soverane lord, with advise and consent foirsaid, ratefeis and appreves the exoneratioun and discharge grantit of befoir be his hienes, with advise of the lordis of his said secreit counsall, to the said James, erll of Mortoun of the said administratioun of regiment during the space foirsaid; lyk as his hienes, be avis of the saidis thrie estaitis, promittis in ane word of ane prince to ratefie all and sindrie the premissis in the nixt parliament efter his perfyte aige and newer to cum in the contrair heirof directlie nor indirectlie, but prejudice alwayis of the band maid be the nobilitie, estaitis and baronis of this realme, subscrivaris thairof, to the said James, erll of Mortoun for mowing of oure said soverane lord, providing alwayis that this present discharge and ratificatioun on na wayis prejuge our soverane lord anent his generall revocatioun of thai thingis that cumis under the samyn, according to the lawis of the realme.

  1. NAS, PA2/12, ff.3v-4r.